NEVADA STATE BOARD of DENTAL EXAMINERSdental.nv.gov/uploadedFiles/dentalnvgov/content/Public...Nevada State Board of Dental Examiners, 6010 S. Rainbow Blvd, A-1, Las Vegas, Nevada

NEVADA STATE BOARD

of DENTAL EXAMINERS

Board Teleconference Meeting

November 10, 2020

6:00 p.m.

PUBLIC BOOK

Agenda Item (4)(a)(1) Draft Minutes

Infection Control Committee Meeting - 09/23/2020

Public Book Page 2

NV State Board of Dental Examiners – Infection Control Committee Meeting – Wednesday, September 23, 2020 Page 1

12NOTICE OF AGENDA & TELECONFERENCE MEETING FOR THE 3

INFECTION CONTROL COMMITTEE 4 (Elizabeth Park DDS, (Chair); Ron Lemon, DMD; Caryn Solie, RDH)5

6 Meeting Date & Time 7 8

Wednesday, September 23, 2020 9 6:00 p.m. 10

11 This meeting was held exclusively through teleconference means, 12

in accordance with Emergency Directives issued by Governor Sisolak 13 1415

DRAFT MINUTES 16 17

PUBLIC NOTICE:18 19 ** This meeting will be held via TELECONFERENCE ONLY, pursuant to Section 1 of the DECLARATION 20

OF EMERGENCY DIRECTIVE 006 (“DIRECTIVE 006”) issued by the State of Nevada Executive 21 Department and as extended by Directives 016, 018, 021, 026, and 029. There will be no physical 22

location for this meeting** 23 24 Public Comment by pre-submitted email/written form, only, is available after roll call (beginning of meeting); Live Public Comment 25 by teleconference is available prior to adjournment (end of meeting). Live Public Comment is limited to three (3) minutes for each 26 individual. 27 28 Pursuant to Section 2 of Directive 006, members of the public may participate in the meeting by submitting public comment in 29 written form to: Nevada State Board of Dental Examiners, 6010 S. Rainbow Blvd, A-1, Las Vegas, Nevada 89118; FAX number (702) 30 486-7046; e-mail address [email protected]. Written submissions received by the Board on or before Tuesday, September 22, 202031 by 4:00 p.m. may be entered into the record during the meeting. Any other written public comment submissions received prior to the 32 adjournment of the meeting will be included in the permanent record. 33 34 The Nevada State Board of Dental Examiners may 1) address agenda items out of sequence to accommodate persons appearing 35 before the Board or to aid the efficiency or effectiveness of the meeting; 2) combine items for consideration by the public body; 3) 36 pull or remove items from the agenda at any time. The Board may convene in closed session to consider the character, alleged 37 misconduct, professional competence or physical or mental health of a person. See NRS 241.030. Prior to the commencement and 38 conclusion of a contested case or a quasi-judicial proceeding that may affect the due process rights of an individual the board may 39 refuse to consider public comment. See NRS 233B.126. 40 41 Persons/facilities who want to be on the mailing list must submit a written request every six (6) months to the Nevada State Board of 42 Dental Examiners at the address listed in the previous paragraph. With regard to any board meeting or telephone conference, it is 43 possible that an amended agenda will be published adding new items to the original agenda. Amended Nevada notices will be 44 posted in compliance with the Open Meeting Law. 45 We are pleased to make reasonable accommodations for members of the public who are disabled and wish to attend the meeting. 46 If special arrangements for the meeting are necessary, please notify the Board, at (702) 486-7044, no later than 48 hours prior to the 47 meeting. Requests for special arrangements made after this time frame cannot be guaranteed. 48 Pursuant to NRS 241.020(2) you may contact at (702) 486-7044, to request supporting materials for the public body or you may 49 download the supporting materials for the public body from the Board’s website at http://dental.nv.gov In addition, the supporting 50 materials for the public body are available at the Board’s office located at 6010 S Rainbow Blvd, Ste. A-1, Las Vegas, Nevada.51

52 Note: Asterisks (*) “For Possible Action” denotes items on which the Board may take action. 53 Note: Action by the Board on an item may be to approve, deny, amend, or tabled.54

55 /// 56

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mailto:[email protected]

http://dental.nv.gov/


1. Call to Order 57 - Roll call/Quorum 58

59 Committee Member Park called the meeting to order at approximately 6:01p.m.; and the 60 Executive Director, Frank DiMaggio, conducted the following roll call: 61 62

Dr. Elizabeth Park (Chair) ----------- PRESENT Dr. Ronald Lemon ----------- PRESENT

Ms. Caryn Solie ----------- PRESENT 63 Executive Staff Present: Phil Su, General Counsel; Frank DiMaggio, Executive Director; Sandra 64 Spilsbury, Site Inspection-CE Coordinator. 65 66 2. Public Comment (By pre-submitted email/written form): The public comment period is limited to matters 67

specifically noticed on the agenda. No action may be taken upon the matter raised during public comment unless the matter itself 68 has been specifically included on the agenda as an action item. Comments by the public may be limited to three (3) minutes as a 69 reasonable time, place and manner restriction, but may not be limited based upon viewpoint. The Chairperson may allow additional 70 time at his/her discretion. 71

72 Pursuant to Section 2 of Directive 006, and extended by Directives 016, 018, 021, 026, and 029, members of the public may participate 73

in the meeting without being physically present by submitting public comment via email to [email protected], or by mailing/faxing 74 messages to the Board office. Written submissions received by the Board on or before Tuesday, September 22, 2020 by 4:00 p.m. may 75 be entered into the record during the meeting. Any other written public comment submissions received prior to the adjournment of 76 the meeting will be included in the permanent record. 77

78 In accordance with Attorney General Opinion No. 00-047, as restated in the Attorney General’s Open Meeting Law Manual, the Chair 79 may prohibit comment if the content of that comment is a topic that is not relevant to, or within the authority of, the Nevada State 80 Board of Dental Examiners, or if the content is willfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, 81 inflammatory, irrational, or amounting to personal attacks or interfering with the rights of other speakers. 82

83 Mr. DiMaggio read a statement into the record related to public comment. It was noted that only 84 public comment in written form may be submitted for this section of public comment. There was 85 no written public comment submitted for this meeting. 86 87 88 *3. Chairwoman’s Report: Elizabeth Park, DDS (For Possible Action) 89 90 *a. Request to remove agenda item(s) (For Possible Action) 91 92 There were no requests made. 93 94 95 *b. Approve Agenda (For Possible Action) 96 97 MOTION: Committee Member Solie made the motion to approve the agenda. Committee 98 Member Lemon seconded the motion. All were in favor, motion passed. 99 100 *4. Consideration, discussion, and possible recommendation to the Board regarding Senior Smiles 101

Program’s request for clarification if the Infection Control Inspection requirement for the Senior 102 Smiles Program, approved by the Board on March 12, 2020, would be required if only utilizing 103 single use instruments (For Possible Action) 104

105 Mr. DiMaggio noted to the chair that Stacia Dimmitt had asked to have her agenda item be taken 106 out of order. Committee Member Park stated that unless there was a time restriction, she would like 107 to keep the agenda items in order since there was not much for discussion before reaching that 108 specific agenda item. 109 110 Committee Member Solie stated that the request by Senior Smiles was valid, as the Board is 111 charged with protecting the public. She added that the program was already approved in March, 112 and therefore, saw no objection to postponing the IC inspection until there is use of reusable 113 instrumentation. 114

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MOTION: Committee Member Park made the motion to postpone the Infection Control 115 inspection since the program was already approved and so long as they only use 116 single use instruments. Committee Member Solie seconded the motion. All were in 117 favor, motion passed. 118

119 *5. Consideration and Discussion to recommend Approval/Rejection of Public Health Dental 120

Hygiene Program to the Board (For Possible Action) 121 122 *a. Heavenly Smiles Mobile Dental Program (For Possible Action) 123

124 Committee Member Park noted to the Committee Members that they should have received the 125 PHE program information. Committee Member Solie inquired if the founder of the program already 126 held a Public Health Endorsement (PHE), or if they were to also consider granting a PHE. Ms. Sandra 127 Spilsbury clarified that in order for someone to be granted a PHE to work for a specific program, the 128 PH program must first be approved by the Board; she added that there was a pending PHE 129 application, but it could not be considered until the program is approved. Committee Member 130 Park inquired of Ms. Spilsbury if an IC inspection had been conducted for the program. Ms. 131 Spilsbury clarified that the program must first be approved in order for them to have an IC 132 inspection done. Committee Member Park inquired if any of the Committee Members were 133 familiar with the mobile IC unit. Committee Member Park expressed concerns regarding the 134 capability of the mobile IC unit conducting a spore test, and stated that she would consider 135 approving the program contingent upon the mobile IC unit being capable of passing all IC 136 requirements. Committee Member Lemon stated that he would accept the manufacturer’s 137 recommendation for use of the equipment, and if it is capable of conducting a spore test. 138 139

MOTION: Committee Member Park made the motion to approve the program contingent 140 upon an IC inspection including the requirement of spore tests, and pending the 141 manufacturer stipulation. Committee Member Solie asked that Committee 142 Member Park clarify her motion since it sounded as if she was requiring an IC 143 inspection be done. She inquired if she would be amiable to amending her 144 motion to state that they are recommending that an IC inspection would not be 145 needed if they are only using single use instruments contingent upon receiving 146 confirmation from the manufacturer of the mobile IC unit can confirm the unit is 147 capable of conducting a spore test. Committee Meeting Park stated that she 148 would agree with the suggested amendment by Committee Member Solie, 149 however, she would want to ensure that they are abiding by all the IC 150 requirements. Mr. Phil Su stated that whatever contingencies that the Committee 151 would like to place in their recommendations would most likely be addressed by 152 the Board anyway even if they did not place any contingencies. Committee 153 Member Park amended her motion to approve the Heavenly Smiles Mobile 154 Dental Program. Committee Member Solie seconded the motion. All were in 155 favor, motion passed. 156

157 Mr. DiMaggio asked for a clarification from Board Member Park if her motion for agenda item (4) 158 regarding Senior Smiles was to recommend to the Board not to require an IC inspection if they are 159 using single-use disposable instruments. Committee Member Park responded affirmatively. 160 161 /// 162 163 /// 164 165 /// 166 167

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*6. Consideration and Discussion to recommend Approval/Rejection of part-time Infection Control 168 Inspector Employee to the Board (For Possible Action) 169

170 *a. Stacia M Dimmitt, RDH 171 172 Committee Member Park asked if there was any discussion. There was no discussion. 173 174

MOTION: Committee Member Solie made the motion to approve the Stacia Dimmitt as a 175 Part-Time IC Inspector Employee. Discussion: Committee Member Park stated that 176 she actually opposed the hiring and stated that Ms. Dimmitt had the option to go 177 into closed session if she would like to do so. Mr. Phil Su read NRS 241.033(2)(b) 178 into the record. He added that the board may opt to take the matter into closed 179 session. Ms. Dimmitt was promoted to speak to see if she would like to go into 180 closed session or remain in open session. Ms. Dimmitt stated that she was fine with 181 remaining in open session, though advised of her right to go into closed session. 182 Committee Member Park commented that the reason why she was considering 183 rejection was due to the engagement she had with her, and elaborated that Ms. 184 Dimmitt had applied for a job at her office. She noted that the transparency, 185 communication and disclosure she found to be inconsistent. She spoke on the 186 standard of honesty and integrity the Board employees should possess, which she 187 felt that Ms. Dimmitt lacked. Ms. Dimmitt was not aware of what she was referring 188 to and asked her to clarify. Committee Member Park stated that she was 189 referring to information listed in her resume and inquired if Ms. Dimmitt worked for 190 a Dr. West in Carson City. Ms. Dimmitt replied that she did not. Committee 191 Member Park inquired if Ms. Dimmitt was in Southern Nevada. Ms. Dimmitt stated 192 that she was uncertain of what resume Committee Member Park was referring to 193 since she never submitted a resume. After some clarification, Committee 194 Member Park apologized for the confusion and rescinded her comments. 195 Committee Member Park seconded the motion. All were in favor, motion passed. 196 Mr. DiMaggio clarified that the motion would be to recommend the approval of 197 Ms. Dimmitt as a part-time infection control inspector. 198

199 *b. Jennifer A Nightingale, RDH 200 201 Committee Member Park inquired if there was any discussion. No discussion held. 202 203

MOTION: Committee Member Solie made the motion to approve to recommend to the 204 Board the approval of Ms. Nightingale as an IC Inspector. Committee Member 205 Lemon seconded the motion. All were in favor, motion passed. 206

207 *7. Review, discussion and possible recommendations to the Board regarding the infection 208

control inspector employee application/process (For Possible Action) 209 210 Committee Member Park stated that she wanted to revise the material, because since she has had 211 applicants apply for the position during the time of COVID-19. Committee Member Park called for 212 discussion. She was hoping to bring up the whole process and how they train the employees. 213 Committee Member Solie stated that staff did send her the training DVD and she has reviewed that 214 training session. Committee Member Solie agreed that there were some updates that needed to 215 occur. She noted that currently for this agenda item they are trying to discuss the application, only. 216 Committee Member Park stated that the application was encompassed with the process. 217 Committee Member Lemon stated that the IC inspection calibration was circa 2012 and agreed 218 that they should probably update the process. Committee Member Solie stated that she had a list 219

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of suggested changes, and noted that she liked the changes noted in the draft application. She 220 expressed what she liked about the proposed changes; and noted that she had 5 potential 221 changes, which she described. Discussion ensued regarding the changes noted by Committee 222 Member Solie and other changes that they would like to see made to the process. Some of the 223 discussion was regarding having a section for specific COVID-19 related concerns. Mr. Su noted 224 that some of the discussion was more pertinent under agenda item (8) and advised that they 225 continue the discussion under said agenda item. 226 227

MOTION: Committee Member Park made the motion to recommend updating the IC 228 Inspector Employee application form and process as they relate to the new CDC 229 guidelines. Committee Member Lemon stated that this agenda item was 230 regarding the application process, and thinks they need to be able separate the 231 process from the application and the process to apply for the job. Committee 232 Member Park amended her motion to recommend that the Board approve the 233 proposed draft of the IC Inspector application form. Committee Member Solie 234 seconded the motion. All were in favor, motion passed. 235

236 *8. Review, discussion and possible recommendations to the Board regarding calibration training 237 (For Possible Action) 238 239 Committee Member Park asked Committee Member Solie to continue discussion her 240 recommended changes: Committee Member Solie suggested the following: 241

- Line 63 – to add water line flushing at the beginning of the day and end of the day, as well 242 as between patients. Committee Member Park concurred with the recommendation 243

- suggested adding a digital x-ray sensor barrier use and disinfection protocol for digital x-ray 244 sensors and to have written protocol for sensor barrier single use, and to require that they 245 wipe the sensor with the disinfectant wipes after each use 246

- In reviewing the calibration video, she agreed that they need to have the video remade. 247 Committee Member Solie noted that one of the current inspectors, Samantha Sturges, 248 offered to redo the video for the Board if they were agreeable to it. 249

250 Committee Member Park stated that she appreciated Ms. Sturges’ willingness to volunteer to help 251 the board update their calibration video. She said that they could present that to the full board to 252 consider the changes. Committee Members Solie and Lemon both concurred with forwarding the 253 recommended changes to the Board for consideration. 254 255 MOTION: Committee Member Park made the motion to approve the changes to the calibration 256 process, as noted by Committee Member Solie. Mr. DiMaggio notified Committee Member Park 257 that Ms. Sandra Spilsbury had information to share. 258 259 Ms. Spilsbury notified Committee Member Park that there were some IC inspectors who had some 260 suggested changes that were present for the meeting but had not been granted permission to 261 speak on the matter. Committee Member Park stated that she would welcome any suggested 262 changes from current IC inspectors, and would be happy to grant them permission to speak to 263 voice their suggestions. 264 265 Dr. John DiGrazia commented that he would like see a section that indicates the level of internal 266 indicators in cassettes that licensees are to use, added to the form. He stated that often when he is 267 conducting inspections, licensees use tape or something that is not adequate. He added that 268 though the CDC recommendations are listed, the Boards form does not list a particular type of 269 indicator. Committee Member Park stated that line item 78, it states that there is a chemical heat 270 indicator, and that it stipulates both interior and exterior, but as Dr. DiGrazia stated, she too believes 271 that the Board’s IC inspection form should indicate that it needs to be a CDC approved indicator. 272

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Dr. DiGrazia noted that there were different levels of indicators, and that they may be listed by 273 type. He added that the indicators have to be a particular classification exterior indicator inside a 274 cassette. Committee Member Park thanked Dr. DiGrazia, and asked Ms. Spilsbury if she had a 275 specific list. Ms. Spilsbury indicator that she did not have a list, however, she stated that they could 276 revise the form to clarify that line item. Committee Member Park welcomed Dr. DiGrazia to work 277 with Ms. Spilsbury regarding any recommended changes he may have, including the heat 278 indicators, as it would be helpful to the Board. 279 Janet Crosswhite commented that she wanted to discuss her agenda item. Committee Member 280 Park asked that Ms. Crosswhite wait until public comment later in the agenda to make her 281 comment. 282 283 Ms. Spilsbury stated that there didn’t appear to be any other inspectors on the telephone. Ms. 284 Spilsbury noted that she did receive some specific revisions to the inspection form, and suggested, 285 perhaps, postponing the discussion to allow the opportunity for other IC inspectors to submit their 286 recommended changes to be discussed by the committee at a future meeting. Committee 287 Member Park favored Ms. Spilsbury’s suggestion and commented that they consider tabling this 288 item, and indicated that she would like to have this item added at a future meeting for discussion. 289 290 In response to Committee Member Solie’s inquiry, Ms. Spilsbury stated that there were currently a 291 total of thirteen (13) IC inspectors, though some of them were not available during the pandemic. 292 She elaborated that there were four IC inspectors were dentists, and the remaining nine (9) 293 inspectors were dental hygienists. She stated that there were five (5) inspectors in Northern 294 Nevada, 2 dentists and 3 dental hygienists. Ms. Spilsbury added that in Southern Nevada, two (2) of 295 the inspectors were dentists, and there were six (6) dental hygienists. 296 297 Committee Member Park requested the number of backlog inspections, particularly, for COVID-19 298 violations. Mr. Phil Su stated that before the Board could authorize in IC inspection for alleged 299 violations, the Board must first authorize the inspection at a regularly scheduled board meeting. He 300 noted that staff was in communication with OSHA, and were working to arrange for OSHA to 301 conduct their own inspections to facilitate more emergency type of inspections. Mr. Su noted to 302 Committee Member Park that there were several anonymous complaints for alleged IC inspection 303 violations specifically related to COVID-19. Committee Member Park urged the committee to 304 move and work quickly to modify the IC inspection form so that they can become mobile and 305 respond quickly to alleged IC inspection violation complaints. Committee Member Solie asked if it 306 would be possible to email the 13 inspectors with a copy of the current IC inspection form and ask 307 for their feedback regarding the form, and to have them submit their recommendations or 308 changes to Ms. Spilsbury. Committee Member Park asked Ms. Spilsbury to draft an email to the 309 inspectors asking for them to respond in approximately one (1) week with any recommended 310 changes they may have. Ms. Spilsbury responded affirmatively. 311 312 Committee Member Park stated that she would like to table this agenda item for a future meeting, 313 and gave a timeline of approximately one (1) week for IC inspectors to have their comments to Ms. 314 Spilsbury. In discussion with Mr. DiMaggio, she stated it would be onerous to give a definitive 315 timeline and would like to be flexible in giving in a timeline as to when inspectors should expect to 316 submit their recommendation to Ms. Spilsbury to present to the Committee at a future meeting. 317 318

MOTION: Committee Member Park made a motion to table agenda item (8) until next the 319 next IC committee meeting when Ms. Spilsbury is in receipt of the comments from 320 inspectors regarding recommended changes to the IC inspection form. 321 Committee Member Solie seconded the motion, and suggested amending the 322 motion to include the directive to staff to send an email to the infection control 323 inspectors to collect their feedback regarding possible changes to the infection 324

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control inspection form. Committee Member Park agreed to amend her motion 325 to include the directive to staff as outline by Committee Member Solie. 326 Committee Member Solie seconded the amended motion. All were in favor, 327 motion passed. 328

329 *9. Review, discussion and possible recommendations to the Board concerning updates to the 330

CDC Guidance for Dental Settings, and possible approval/rejection of the same – NAC 331 631.178 (For Possible Action) 332

333 (1) August 4, 2020 CDC Update 334 (2) August 28, 2020 CDC Update 335

336 Committee Member Park stated that they were making a recommendation to have the board to 337 adopt or not adopt the recommended changes made by the CDC. There was discussion 338 regarding the updates and the recommendation to require the use of N95. There was discussion 339 noting the difficulties licensees were experiencing in obtaining PPE. 340 341 There was discussion of possibly tabling this agenda item until the Board could obtain information 342 from other states and their stance on adopting the most recent CDC guidelines for dental settings. 343 Mr. DiMaggio and Mr. Su explained NAC 631.178(2), and explained how the Board had thirty (30) 344 days to adopt or not adopt new CDC guidelines, and the ramifications if no action was taken 345 within thirty (30) days. 346 347 Discussion ensued regarding adopting portions of the guidelines; however, there were concern 348 from committee members of the implications that may place on the Board. Committee Member 349 Lemon noted that there were alternatives to N95 masks that were just as effective that would 350 possibly be more easily obtainable by licensees. The Committee discussed the considering 351 adopting the most recent updates with the modification that licensees be required to obtain N95 352 masks or equivalent. 353 354

MOTION: Committee Member Park made the motion to recommend the adoption of the 355 August 28, 2020 dental setting guidelines with modifications to allow the use of N95 356 masks or equivalent. Committee Member Lemon seconded the motion. All in 357 favor, motion passed. 358

359 Mr. DiMaggio noted to Committee Member Park that the motion only addressed the August 28, 360 2020 guidelines; however, it did not address the August 4, 2020 guidelines. He advised the 361 Committee that they may want to motion to approve or disapprove the August 4, 2020 guidelines. 362 Upon additional discussion, Mr. DiMaggio asked that, for the sake of clarity and because they were 363 listed on the agenda, the Committee to make a recommendation whether to adopt or not adopt 364 the August 4, 2020 guidelines. 365 366

MOTION: Committee Lemon made the motion to recommend to retire the August 4, 2020 367 guidelines and move forward with August 28, 2020 guidelines. Mr. Su advised that 368 the committee has not adopted the guidelines; therefore they cannot retire them, 369 but noted that they could reject the guidelines from August 4, 2020. AMENDED 370 MOTION: Committee Member Lemon made the motion to reject the August 4, 371 2020 guidelines. Committee Member Park seconded the amended motion. All 372 were in favor, motion passed. 373

374 /// 375 376

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*10. Consideration, discussion and possible recommendations to the Board regarding of offices 377 found to be non-compliant with Infection Control requirements (For Possible Action) 378

379 Committee Member Park asked to table this agenda item so that the committee could discuss in 380 collaboration with the calibration, which was to be discussed at the next committee meeting. 381 There was some discussion regarding complaints the Board received regarding infection control 382 concerns and if any of them were imminent as they related to the CDC. Mr. Su indicated that 383 complaints were allegations, and discussed the process for conducting an infection control 384 inspection. There was discussion regarding Mr. Su and Mr. DiMaggio’s discussions with OSHA to try 385 and have inspections done, since there were current limitations on the authority to order an 386 emergency random infection control inspection. There was brief discussion regarding the 387 difference between a non-verified complaint and a verified complaint, and what it entailed. 388 389 There was discussion regarding adding measures related to COVID-19 safety concerns to the IC 390 inspection forms. Committee Member Lemon suggested perhaps directing the Executive Director 391 to send a letter to the owners of offices that the Board receives complaints on, suggesting that the 392 office review their Infection Control protocols to ensure compliance and give them the ability to 393 self-correct. This recommendation was discussed and the concerns that it may take away another 394 agency’s ability to investigate for possible violations. After additional discussion, Committee 395 Member Park called for a motion. 396 397

MOTION: Committee Member Park made the motion to table this agenda item so that it 398 may be discussed in conjunction with the calibration training, especially since they 399 need to know if the Board will be adopting the August 28, 2020 guidelines. 400 Committee Member Solie seconded the motion. Discussion: there was discussion 401 regarding the concerns with offices being as safe as possible, and having COVID-402 19 qualifiers to be listed on the IC inspection form. All were in favor, motion 403 passed. 404

405 406 *11. Consideration, discussion and possible recommendations to the Board regarding the 407

parameters to be set for non-compliant offices (For Possible Action) 408 409 MOTION: Committee Member Park made the motion to table this item until the next scheduled 410 committee meeting. Committee Member Lemon seconded the motion. All were in favor, motion 411 passed. 412 413 414 12. Public Comment (Live public comment by teleconference): This public comment period is for any 415

matter that is within the jurisdiction of the public body. No action may be taken upon the matter raised during public 416 comment unless the matter itself has been specifically included on the agenda as an action item. Comments by the 417 public may be limited to three (3) minutes as a reasonable time, place and manner restriction, but may not be 418 limited based upon viewpoint. The Chairperson may allow additional time at his/her discretion. 419

420 Pursuant to Section 2 of Directive 006, and extended by Directives 016, 018, 021, 026, and 029, members of the public 421

may participate in the meeting without being physically present by submitting public comment via email to 422 [email protected], or by mailing/faxing written messages to the Board office. Written submissions should be 423 received by the Board on or before Tuesday, September 22, 2020 by 4:00 p.m. in order to make copies available to 424 members and the public. 425

426 In accordance with Attorney General Opinion No. 00-047, as restated in the Attorney General’s Open Meeting Law 427

Manual, the Chair may prohibit comment if the content of that comment is a topic that is not relevant to, or within 428 the authority of, the Nevada State Board of Dental Examiners, or if the content is willfully disruptive of the meeting by 429 being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational, or amounting to personal attacks or 430 interfering with the rights of other speakers. 431

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Mr. DiMaggio read a statement related to public comment. 432 433 Dr. Joseph Wineman commented that he supported Committee Member Lemons comments 434 regarding the PPE supply chain dilemma. He noted that as dentist, he is limited to order a small 435 number of masks which is based availability and noted the time restrictions currently in place 436 before they can place new orders. He noted that they are now seeing that disinfectant solutions 437 are also scarce. He expressed concerns with the ability to obtain certain supplies, and asked that 438 the Board to reach out to the Governor to put a stop to the price gouging on small business across 439 the state. 440 441 Ms. Janet Crosswhite commented that in regards to the spore testing used in her PHE program, and 442 noted that the mobile sterilizer manual does recommend biological monitoring with whichever 443 selected company that does the spore testing. She added that she was looking into getting a 444 dental mobile van, which she will be requesting to have an inspection done once she is in 445 possession of the van. 446 447 13. Announcements 448 449 There were no announcements made. 450 451 *14. Adjournment (For Possible Action) 452 453

MOTION: Committee Member Park made a motion to adjourn the committee meeting at 454 approximately 7:50 p.m. Committee Member Solie seconded the motion. All in 455 favor, meeting adjourned. 456

457 458 459

Respectfully submitted: 460 461

___________________________________ 462 Frank DiMaggio, Executive Director 463

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Agenda Item (4)(a)(2)Draft Minutes

Legislative, Legal, and Dental Practice Committee Meeting - 10/05/2020

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NSBDE – Legislative, Legal, & Dental Practice Committee Teleconference Meeting – Monday, October 5, 2020 Page 1

1 NOTICE OF AGENDA & TELECONFERENCE MEETING FOR THE LEGISLATIVE, 2

LEGAL, & DENTAL PRACTICE COMMITTEE 3 (Kevin Moore, DDS (Chair); David Lee, DMD; Ms. McIntyre, RDH; Ms. Cioffi) 4

5 Meeting Date & Time 6

7 Monday, October 5, 2020 8

6:00 p.m. 9 10

This meeting was held exclusively through teleconference means, 11 in accordance with Emergency Directives issued by Governor Sisolak 12

13 DRAFT MINUTES 14

15 PUBLIC NOTICE: 16

17 ** This meeting will be held via TELECONFERENCE ONLY, pursuant to Section 1 of the DECLARATION 18

OF EMERGENCY DIRECTIVE 006 (“DIRECTIVE 006”) issued by the State of Nevada Executive 19 Department and as extended by Directives 016, 018, 021, 026, and 029. There will be no physical 20

location for this meeting** 21 22 Public Comment by pre-submitted email/written form, only, is available after roll call (beginning of meeting); Live Public Comment 23 by teleconference is available prior to adjournment (end of meeting). Live Public Comment is limited to three (3) minutes for each 24 individual. 25 26 Pursuant to Section 2 of Directive 006, members of the public may participate in the meeting by submitting public comment in 27 written form to: Nevada State Board of Dental Examiners, 6010 S. Rainbow Blvd, A-1, Las Vegas, Nevada 89118; FAX number (702) 28 486-7046; e-mail address [email protected]. Written submissions received by the Board on or before Friday, October 2, 2020 by 29 4:00 p.m. may be entered into the record during the meeting. Any other written public comment submissions received prior to the 30 adjournment of the meeting will be included in the permanent record. 31 32 The Nevada State Board of Dental Examiners may 1) address agenda items out of sequence to accommodate persons appearing 33 before the Board or to aid the efficiency or effectiveness of the meeting; 2) combine items for consideration by the public body; 3) 34 pull or remove items from the agenda at any time. The Board may convene in closed session to consider the character, alleged 35 misconduct, professional competence or physical or mental health of a person. See NRS 241.030. Prior to the commencement and 36 conclusion of a contested case or a quasi-judicial proceeding that may affect the due process rights of an individual the board may 37 refuse to consider public comment. See NRS 233B.126. 38 39 Persons/facilities who want to be on the mailing list must submit a written request every six (6) months to the Nevada State Board of 40 Dental Examiners at the address listed in the previous paragraph. With regard to any board meeting or telephone conference, it is 41 possible that an amended agenda will be published adding new items to the original agenda. Amended Nevada notices will be 42 posted in compliance with the Open Meeting Law. 43 We are pleased to make reasonable accommodations for members of the public who are disabled and wish to attend the meeting. 44 If special arrangements for the meeting are necessary, please notify the Board, at (702) 486-7044, no later than 48 hours prior to the 45 meeting. Requests for special arrangements made after this time frame cannot be guaranteed. 46 Pursuant to NRS 241.020(2) you may contact at (702) 486-7044, to request supporting materials for the public body or you may 47 download the supporting materials for the public body from the Board’s website at http://dental.nv.gov In addition, the supporting 48 materials for the public body are available at the Board’s office located at 6010 S Rainbow Blvd, Ste. A-1, Las Vegas, Nevada. 49

50 Note: Asterisks (*) “For Possible Action” denotes items on which the Board may take action. 51 Note: Action by the Board on an item may be to approve, deny, amend, or tabled.52

53 54 / / / 55 56 57

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http://dental.nv.gov/


1. Call to Order 58 - Roll call/Quorum 59 60 Dr. Moore called the meeting to order at approximately 6:00 p.m., and Mr. Frank DiMaggio 61 conducted the following roll call: 62 63 64 65 66 67 68 Others Present: Phil Su, General Counsel; Frank DiMaggio, Executive Director. 69 70 71

2. Public Comment (By pre-submitted email/written form): The public comment period is limited to matters 72 specifically noticed on the agenda. No action may be taken upon the matter raised during public comment unless the 73

matter itself has been specifically included on the agenda as an action item. Comments by the public may be limited 74 to three (3) minutes as a reasonable time, place and manner restriction, but may not be limited based upon viewpoint. 75 The Chairperson may allow additional time at his/her discretion. 76

77 Pursuant to Section 2 of Directive 006, and extended by Directives 016, 018, 021, 026, and 029, members of the public 78 may participate in the meeting without being physically present by submitting public comment via email to 79 [email protected], or by mailing/faxing messages to the Board office. Written submissions received by the Board on 80 or before Friday, October 2, 2020 by 4:00 p.m. may be entered into the record during the meeting. Any other written 81 public comment submissions received prior to the adjournment of the meeting will be included in the permanent 82 record. 83


Manual, the Chair may prohibit comment if the content of that comment is a topic that is not relevant to, or within the 86 authority of, the Nevada State Board of Dental Examiners, or if the content is willfully disruptive of the meeting by being 87 irrelevant, repetitious, slanderous, offensive, inflammatory, irrational, or amounting to personal attacks or interfering with 88 the rights of other speakers. 89

90 Mr. DiMaggio read public comment into the record. 91 92 *3. Chairman’s Report: Kevin Moore, DDS (For Possible Action) 93 94

(a) Request to remove agenda item(s) (For Possible Action) 95 96 There were no requests made. 97 98

(b) Approve Agenda (For Possible Action) 99 100

MOTION: Committee Member Lee made the motion to approve the agenda. Committee 101 Member Cioffi seconded the motion. All were in favor, motion passed. 102

103 *4. New Business: (For Possible Action) 104 105 *a. Discussion, review, and possible recommendations to the Board of proposed changes to 106 amend, add, or repeal the following regulations (For Possible Action) 107 108

(1) Licensing: NAC 631.028 through NAC 631.220 109 110 Mr. Su stated that this agenda item was for the committee to make a recommendation to the 111 board regarding the regulations to approve that a workshop be scheduled so that they may 112 review the regulations as listed. He stated that when the board posts proposed regulations, you are 113 to give the public the opportunity to review and submit public comment. Ms. Su stated that they 114 were hoping to post for a workshop in approximately four to six (4-6) weeks. Mr. Su gave a brief 115 explanation of the three (3) areas that they would be discussing for potential changes, namely 1) 116

Dr. D. Kevin Moore ----------- PRESENT Dr. David Lee ------------------ PRESENT Mrs. McIntyre ------------------- PRESENT Ms. Cioffi ------------------------- PRESENT

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dental therapy; 2) site inspections; 3) CE audit processes. 117 118

MOTION: Committee Member Moore made a motion to hold such a workshop. Committee 119 Member Lee seconded the motion. All were in favor, motion passed. 120

121 *b. Discussion, review, and possible recommendations to the Board regarding possible 122

Board endorsement of regulatory changes to be enacted by other governmental 123 entities, to permit or authorize licensed dentists the option to administer vaccinations (For 124 Possible Action) 125

126 Mr. Su spoke in regards to the administration of vaccination by dental healthcare professionals, and 127 explained that NRS 631.190 offered broad authority to the board to adopt regulations. He further 128 explained that there were two (2) types of regulations that they could adopt, which were 129 emergency regulations where they would not have to go through the workshop process, however, 130 that the emergency regulations would only last 120 days. He noted that there was a permanent 131 regulation process. He stated that because it is past June 30th of the year prior to a legislative 132 session, any regulations passed by the board would be temporary, and they would have to have 133 the regulations processed that would require approval of the regulations in the future to make 134 them permanent. He stated that he spoke with several different parties regarding a regulation to 135 allow for licensed dentists the option to administer vaccinations, and noted that the Governor’s 136 office was in favor of making this a reality. 137 138

MOTION: Committee Member Moore made the motion to move forward with expediency. 139 Committee Member McIntyre seconded the motion. All were in favor, motion 140 passed. 141

142 5. Public Comment (Live public comment by teleconference): This public comment period is for any 143

matter that is within the jurisdiction of the public body. No action may be taken upon the matter raised during public 144 comment unless the matter itself has been specifically included on the agenda as an action item. Comments by the 145 public may be limited to three (3) minutes as a reasonable time, place and manner restriction, but may not be 146 limited based upon viewpoint. The Chairperson may allow additional time at his/her discretion. 147

148 Pursuant to Section 2 of Directive 006, and extended by Directives 016, 018, 021, 026, and 029, members of the public 149

may participate in the meeting without being physically present by submitting public comment via email to 150 [email protected], or by mailing/faxing written messages to the Board office. Written submissions should be 151 received by the Board on or before Friday, October 2, 2020 by 4:00 p.m. in order to make copies available to 152 members and the public. 153


Manual, the Chair may prohibit comment if the content of that comment is a topic that is not relevant to, or within 156 the authority of, the Nevada State Board of Dental Examiners, or if the content is willfully disruptive of the meeting by 157 being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational, or amounting to personal attacks or 158 interfering with the rights of other speakers. 159

160 Public Comment by: Mr. DiMaggio read a statement regarding public comment. 161 162 Dr. Marke Funke, President of the NDA, and commented his support for the NDA’s request that was 163 previously submitted regarding regulatory language creation that permits licensed dentists and 164 dental hygienists to administer vaccinations permanently, and also to provide pandemic 165 vaccination support under Governor Sisolak’s emergency regulation, which would be for a period 166 of 120 days. He noted that there was a deadline approaching to submit language creation, and 167 stated that Dr. Antonina Capurro would have the exact deadline dates. He reiterated that the NDA 168 is asking for regulations to permit dentists to administer vaccinations, and also asking to consider 169 regulations to prevent hygienists to administer vaccinations. He noted that the NDA was against 170 regulations that would permit vaccination to be administered by dental therapists. 171 172 A participant with the name of Galaxy S20 Ultra 5G was called upon to speak, but there was no 173 response. 174

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175 176 Dr. Antonina Capurro noted the division’s support for the motion to move forward with creating 177 regulations. She stated that they were happy to help the board in creating regulatory language 178 and assist the board in the process. 179 180 6. Announcements 181 182 No announcements were made. 183 184 *7. Adjournment (For Possible Action) 185 186 Committee Member Moore called for a motion to adjourn. 187 188 MOTION: Committee Member Lee motioned to adjourn the meeting at approximate 6:24 p.m. 189 Committee Member McIntyre seconded the motion. 190 191 It was noted that there was another hand raised for public comment from Dr. Antonina Capurro. 192 The committee returned to agenda item (5) Public Comment, for Dr. Capurro’s public comment. 193 194 Upon completion of Dr. Capurro’s public comment, Committee Member Moore called for a vote 195 on the motion to adjourn. All were in favor of the motion. Meeting adjourned at approximately 196 6:26 p.m. 197 198

Respectfully submitted by: 199 200

___________________________________ 201 Frank DiMaggio, Executive Director 202

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Agenda Item (7)(a)Application to Reactivate Inactive License

Simone Gennuso, RDH

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Memorandum Overview of Anesthesia Committee Recommendations

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Agenda Item (7)(b)Anesthesia Evaluator/Inspector Application Form

(Proposed draft)

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Agenda Item (7)(c)Program Provider Application Form

Moderate Sedation (13 years of age and older)

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Agenda Item (7)(d)(1)Administering Permit Application

General Anesthesia

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1 Revised 1/2014

Office Site Permit

Check box if you are

applying for a Site Permit

for this same office location as well

GENERAL ANESTHESIA ADMIN PERMIT APPLICATION

Name: ______________________________________ License Number: ____________

Dental Practice Name: __________________________________________________

Office Address: ___________________________________ Office Telephone: _______________________

_________________________________________ Office Fax: ____________________________

DENTAL EDUCATION

SPECIALTY EDUCATION

University/ University /

College: College:

Location:

Location:

Dates

attended:

/ / Degree Earned:

Dates

attended:

/ / Degree Earned:

to __________________ to __________________

/ / / /

The following information and documentation must be received by the Board office prior to

consideration of a GENERAL ANESTHESIA permit:

1) Completed and signed application form with all questions answered in full;

2) Non-refundable application fee in the amount of $750.00;

3) The completion of a program, subject to the approval of the Board, of advanced training

in anesthesiology and related academic subjects beyond the level of undergraduate

dental school in training program as described in the Guidelines for Teaching Pain Control

and Sedation to Dentists and Dental Students or the completion of a graduate program in

oral and maxillofacial surgery or dental anesthesiology approved by CODA

4) Valid copy of Advanced Cardiac Life Support or a course providing similar instruction that

is approved by the Board

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2 Revised 06/2018

QUESTION SECTION:

HAVE YOU:

1) Completed one (1) year advanced training in Anesthesiology? _____ Yes _____ No

Where: _______________________________ When: _______________________

2) Completed a residency program in General Anesthesia of not less than one (1) calendar year

approved by the Board of Directors of the American Dental Society of Anesthesiology? _____

Yes _____ No

Where: _______________________________ When: _______________________

3) Completed a graduate program in Oral and Maxillofacial Surgery approved by the Commission

of Accreditation of the American Dental Association? _____ Yes _____ No

Where: _______________________________ When: _______________________

I hereby make application for a General Anesthesia Permit from the Nevada State Board of

Dental Examiners. I understand that if this permit is issued, I am authorized to administer to a patient

of any age general anesthesia, deep sedation or moderate sedation ONLY at the address listed

above. If I wish to administer general anesthesia, deep sedation or moderate sedation at another

location, I understand that each site must be inspected and issued a general anesthesia site permit

by the Board prior to administration of general anesthesia. I understand that this permit, if issued

allows only me to administer general anesthesia, deep sedation or moderate sedation. I have read

and am familiar with the provisions and requirements of NRS 631 and NAC 631 regarding the

administration of general anesthesia.

I, hereby acknowledge the information contained on this application is true and correct and I

further acknowledge any omissions, inaccuracies, or misrepresentations of information on this

application are grounds for the revocation of a permit which may have been obtained through this

application. It is understood and agreed that the title of all certificates shall remain in the Nevada

State Board of Dental Examiners and shall be surrendered by order of said Board.

Signature of Applicant ______________________________________

Date ________________________________

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Moderate Sedation (pediatric specialty)

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Moderate Sedation (13 years of age and older)

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Agenda Item (7)(g)(2)Voluntary Surrender of License

Elaine McConnell, RDH

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Agenda Item (7)(g)(2)Voluntary Surrender of License

Svetlana Puchalsky, RDH

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Documents

NEVADA STATE BOARD of DENTAL EXAMINERSdental.nv.gov/uploadedFiles/dentalnvgov/content/Public...Nevada State Board of Dental Examiners, 6010 S. Rainbow Blvd, A-1, Las Vegas, Nevada